British Columbia Law
What to Do If You Dislike a Will's Terms in BC
What can you do if you do not like the terms of a Will in British Columbia?
I have practised law in British Columbia since 1991, and few questions are harder for families than this one. You open a Will and the terms are not what you expected, or you are worried about how the estate is being handled. You have more options than you might think, and some of them have strict time limits, so it helps to ask early.
Concerned about the terms of a Will or how the estate is run?
There are two different kinds of concern, and they lead to different next steps:
- You do not like what the Will says. Spouses and children can ask the court to vary how the estate is distributed. Others may need legal advice about what, if anything, can be done.
- You are worried about how the executor is doing the job. You can address concerns about executor performance through formal complaints or applications.
Spouses and children: asking the court to vary the Will
In British Columbia, a spouse or child of the person who died can apply to the Supreme Court to vary a Will that does not make adequate provision for them. This is called a wills variation claim. The court looks at whether the Will meets the moral duty a person owes to their spouse and children, and it can change how the estate is divided.
Two practical points matter:
- Time limits are short. A wills variation claim generally must be started within 180 days of the grant of probate. Do not wait to see how things unfold.
- Who can apply is limited. The law names spouses and children. If you are another relative, a friend or a business partner, the options are narrower and need advice about your particular facts.
For more detail, see our page on Wills Variation in BC.
If you are not a spouse or child
Other people sometimes have concerns about a Will, for example a sibling, a grandchild or a long-time friend. The options for them depend on the facts, and some are quite different from a wills variation claim. This is the situation where a short conversation with a lawyer early on saves the most time and worry.
Concerns about the executor
An executor has duties to the people who inherit. If you believe those duties are not being met, for example because information is not shared, the estate is moving very slowly or something does not add up, you have options:
- Ask questions in writing first. A polite, clear letter often resolves misunderstandings.
- Make a formal complaint. If the executor does not respond, the next steps can be formal.
- Apply to the court. Where the concern is serious, an application can ask the court to require information or accounts, or in some cases to replace the executor.
Our Executor Guide for BC explains what an executor is expected to do, and Estate Litigation in BC explains what happens when a dispute cannot be settled.
Practical steps to take now
- Get a copy of the Will and any court documents about the estate.
- Write down the dates. Note when probate was granted, because time limits may run from that date.
- Gather what you know about the estate, your relationship with the person who died and any support they gave you.
- Avoid acting in anger. Family relationships usually continue long after the estate is settled.
- Speak with a lawyer early to learn your options and your deadlines.
Explore your legal options with expert guidance. This article gives general information only, not legal advice and not tax advice. Consultations are by phone or secure video, and all meetings are by appointment only.
This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.